Legal Question in Family Law in India

i have filed for divorce and my daughter is 11 years old .My daughter does not want to go back with her father and i too want her to be with me only .Does my daughter have a say whom she wants to be with?How can i make sure that I get her custody?


Asked on 3/03/14, 11:04 pm

2 Answers from Attorneys

Santosh Goswami,Advocate sure shot legal

In the same divorce petition, attach an application for custody u/s 26 H.M.A. Both mother and father has to right to seek custody but while granting it, court give more consideration to welfare of the child. Secondly, since the child is 11 years old, her consent may be taken into account.

919555462995

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Answered on 3/04/14, 12:27 am

Dear client file permanent custody petition and in proceeding court ask yr daughter with whom she want to reside. Court will consider her wish while day deciding custody. For any legal help call me on 9422611385

Adv prasas patil

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Answered on 3/04/14, 4:14 am


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